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Second. As with all things illegal, it is only illegal IF you get caught.
Third. US Laws and Copyright laws are not international. Your fine, civil penalties etc only apply to the ♥♥♥♥♥♥♥ in US courts.
Fourth. Your post is so full of so much epic fail, I am just too tired and indifferent to really spend the time educating you.
Good luck continuing to spread your propaganda.
http://www.ncsl.org/research/telecommunications-and-information-technology/computer-hacking-and-unauthorized-access-laws.aspx
Copy Right Laws are indeed protected internationally. Try looking up the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) and the Universal Copyright Convention (UCC).
Now, if you aren't too tired, perhaps you can muster the energy to go phuk yourself. Thanks.
"Unless you have graduated from Law School and have practiced Civil Liability or Criminal Law, please do not regail us with your novice counter arguments."
Obviously you have no experience in the legal field otherwise you would realize that using a game hack is in no way illegal. The only real case on the books regarding cheating in online games is in "MDY Industries, LLC v. Blizzard Entertainment, Inc.", which found that using a modified client for game hacking does NOT violate constitute copyright infringement, though it violated the DMCA anti-circumvention provision. However, you cannot be criminally prosecuted under the DMCA unless you commercially profited from a willful violation.
Also there hasn't been, and likely never will be, a DMCA lawsuit versus an individual who uses game hacks. That's assuming they even reside in a country that even cares remotely about the DMCA.
Also, the link you provided protects against the traditional concept of hacking, as in, breaking into a computer system without authorization. A better article would be http://www.mto.com/Templates/media/files/Reprints/Blavin%20Art%20Winter%202014.pdf
Just popping in because I hate it when people who don't know the law make ♥♥♥♥ up.
Dont quit your day job, sunshine.
Try reading a little more about the issue. According to this article, 3 kids were arrested in Japan for cheating in a video game....and that's Japan. So, it seems the issue us already getting traction in other countries.
I could provide actual case law precedent for you, but, I highly doubt you have the knowledge or legal vocabulary to understand their meaning.
https://www.techdirt.com/articles/20140625/08443327682/future-is-now-cheating-online-games-leads-to-arrests-japan.shtml
If you are so well versed in the law, which you arent, you would immediately recognize that the makers of a video game have rights under the Intellectual Proprty Law and Copyright Law. That is why there is a EULA. When the game code itself is altered by the end user (that's the cheater), they have violated the EULA. Violation of the EULA and the sanctions for the same are spelled out in the Copyright Law that has a criminal penalty schedule as well as civil penalties.
The only think left to make this a viable cause of action under Federal Law is damages. It's not a stretch by any means to understand that game play in the COD world has dropped off in part due to cheaters. A drop off in players equals loss of revenue for the game makers. That's called damages.
On the other hand, the game producers and those who are supposedly "policing" on line game play from cheaters have a "duty." For this part, I encourage you to look up the legal definition of the term "duty."
Now, VAC has an inherent duty given it's role as the watchdog of online game play. That duty is to effectively eliminate cheaters. This is not being done. As a result, it is causing an alarming number of players who have purchased the game to likewise suffer damages. The online game play experience is diminished by and through the presence of cheaters and therefore, the folks who buy the game are not getting their money's worth.
So, there are damages on both sides of the issue.
Now, when companies such as Sledgehammer Games and Activision start losing millions because no one wants to play anymore due to cheaters, they are likely going to take action.
However, initiating legal action in this matter is not dependent on the game manufacturers or players taking action. In theory, the government could step in.
Now, if I may make a suggestion, next time, try not to be such a fool. You have no idea who the people are who post on these forums nor do you have any idea what their professional background may be. The only thing you have successfully accomplished is announcing to the readers the depth of your ignorance and how woefully undeveloped your social skills really are.
Try and work on that....mkay, pumpkin?
Thanks
In the US, the Supreme Court already ruled that game hacks DO NOT violate copyright law.
GAME HACKS ARE NOT A VIOLATION OF COPYRIGHT LAW PER THE SUPREME COURT.
In addition if a company were to try to press charges for a violation of the EULA, then they're going to be getting whole lot of bad PR.
This is an issue similar to piracy, where damages are nearly impossible to accurately calculate.
Sure people quit because of hackers. Good luck actually figuring out how much Activision or EA actually lost revenue because of the hackers, or if they lost revenue because the game wasn't good.
In addition, how do you expect to collect these damages? Sue a random hacker for several million?
The government isn't going to step in over cheating in video games.
EDIT:
Take a look at this. I'm assuming since you're incredibly condescending about law, that you have a good understanding of it. This is a decision from when Nintendo sued Galoob Toys over the Game Genie for people hacking their games. While those were single player games, this is still directly related to our argument.
http://www.leagle.com/decision/19912063780FSupp1283_11881.xml/LEWIS%20GALOOB%20TOYS,%20INC.%20v.%20NINTENDO%20OF%20AMERICA,%20INC.
EDIT 2: Corrected the game, wrong article
I am not aware of the US Supreme Court addressing the issue of cheating and hacking as it relates to the fact specific issue of altering a gaming program such as COD to attain an unnatural advantage or the collateral damge caused to the gaming ecosystem. If you have such a case site, I would be very interested to read it.
In the case that you cited, there are several points that would otherwise distinguish it from the issue of cheating as it relates to our issue.
1. Was the issue of "cheating", as in the context of our discussion, materially or otherwise considered by the Galoob Court. Given the age of the case (1991), I would argue that it was not since the code for games such as COD etc were not in existence which means by definition the "species" of cheat codes used in COD and other games did not exist. Therefore, "cheating" or altering the game code arguably does not fit the Court's narrow definiton of the term.
2. In 1991, on line game play did not exist in the numbers and popularity that it does today, if it existed at all. In fact, many consumers buy COD and other games specifically for the online game play experience. In Galoob case, consumers bought the game for their own enjoyment, which was a pivotal finding by the Court. While COD cheaters may alter the game for their own enjoyment, as was the case in the matter of Galoob, the Galoob matter did not have evidence of the collateral effects cheating had on other non-cheating players. That distills into a question of whether or not non-cheating players' "personal enjoyment" has been materially effected by the cheaters. A strong argument can be made in support of this theory.
3. The Galoob Court found that a "Family's "non-commercial", home use of it's video games creates a presumption of Fair Use." In other words, the Galoob Court presumed, in the absence of substantial evidence to the contrary, that the Fair Use Doctrine applied. Since the Petitioner could not prove the use of the device by the end user was for profit, the presumption in this regard was preserved. That is not the case with cheating in the context of our debate. Most of the hacks and cheats are produced by 3rd party enitites "for profit" which immediately and affirmatively rebuts the presumption of fair use. in addition, since the end user is not using the game for "privtate home use" given the hacked games are being used on a publicly accessible internet medium, the presumption of "fair use" utilized by the Galoob Court cannot apply. Now, an argument can be made that a P2P format is not "public". However, that argument failed in the Napster litigation and there is no reasonable expectation such an argument would be any more persuasive in the instant matter.
4. The Galoob decision may have precedential value when it comes to the "published nature" of the COD games. Of course, COD does not come "pre-hacked". A cheater must first buy the game and then, apply the cheat code. The Galoob Court found that... "[O]nly after acquiring a published copy of the game may its owner use it in combination with the Game Genie." That provdes a direct parallel to the instant issue insofar that it is only after the COD game is purchased does the user apply the hack. However, since the presumption of "Fair Use" cannot be invoked, this argument could very well be meritless.
There are other areas of the Galoob decision that are readily distinguishable from the instant issue of cheating in the COD world such as a market for the cheating software, adverse effects on sales, harm to the gaming community etc.
The issue of game hacking/cheating in the online gaming era would most likely be a case of first impression for any Court that hears this fact specific issue. However, in my opinion (which is based on 15 years of legal practice), hacking a game for the purpose of gaining an advantage in a public forum where players must pay for the privilege of playing on line, patently violates Copy Right Law and the Doctrine of Fair use. Moreover, those who sell cheats and hacks for profit could be subject to more harsh penalties.
If you have that USSC case you spoke of, I would like to read it.
Thanks.